Litigation
HFT Solutions LLC v. Optiver US LLC
Ongoing litigation7:25-cv-00415
- Filed
- 2025-09-08
Patents at issue (1)
Plaintiffs (1)
Defendants (1)
Summary
This is an ongoing patent infringement litigation case filed by HFT Solutions LLC against Optiver US LLC in the U.S. District Court for the Western District of Texas.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
This patent infringement case involves HFT Solutions LLC as the plaintiff and Optiver US LLC, along with Optiver Trading US LLC, as the defendants. HFT Solutions LLC is a wholly-owned subsidiary of Network-1 Technologies, Inc., a company engaged in the acquisition, development, licensing, and protection of intellectual property, indicating HFT Solutions operates as a patent assertion entity (PAE) or non-practicing entity (NPE). Optiver US LLC and Optiver Trading US LLC are high-frequency trading firms.
The core of the dispute revolves around Optiver's high-frequency trading platforms, which allegedly utilize Field-Programmable Gate Arrays (FPGAs) to achieve low-latency trade execution, infringing the asserted patents. The patents at issue are U.S. Patent No. 11,575,381, along with U.S. Patent No. 10,931,286 and U.S. Patent No. 11,128,305. All three patents are titled "Field programmable gate array with external phase-locked loop" and generally relate to reducing processing latency in FPGAs by synchronizing internal clock signals via an external phase-locked loop. This technology is crucial for latency-sensitive applications like high-frequency trading, where even nanosecond advantages are significant.
The case was filed in the U.S. District Court for the Western District of Texas (WDTX) on September 8, 2025, with a trial date scheduled for June 7, 2027. The WDTX has been a popular venue for patent litigation, particularly for NPEs, due in part to the practices of Judge Alan D. Albright, who has openly sought to attract patent cases and is known for his plaintiff-friendly tendencies, including fast-moving schedules and a restrictive posture toward certain defensive motions. Although the WDTX implemented a new rule in July 2022 to randomly assign patent cases, Judge Albright still hears a significant number of these cases, and the district remains a top venue. This case is notable due to the involvement of a high-frequency trading firm and the assertion of patents critical to achieving ultra-low latency in that industry. HFT Solutions LLC has also filed similar infringement lawsuits against other high-frequency trading entities, including Citadel Securities LLC and Jump Trading LLC, indicating a broader patent assertion campaign in the high-frequency trading sector. The defendants, Optiver US LLC and Optiver Trading US LLC, have filed an answer and counterclaims of non-infringement and invalidity of the asserted patents.HFT Solutions LLC, a subsidiary of Network-1 Technologies, Inc., has initiated a patent infringement lawsuit against Optiver US LLC and Optiver Trading US LLC. HFT Solutions LLC operates as a patent assertion entity (PAE) or non-practicing entity (NPE) that acquires, develops, and licenses intellectual property. Optiver US LLC and Optiver Trading US LLC are prominent high-frequency trading (HFT) firms. The alleged infringement centers on Optiver's high-frequency trading platforms, which are accused of utilizing Field-Programmable Gate Arrays (FPGAs) in a manner that infringes the asserted patents.
The patents asserted in this case include U.S. Patent No. 11,575,381, as well as U.S. Patent No. 10,931,286 and U.S. Patent No. 11,128,305. All three patents are titled "Field programmable gate array with external phase-locked loop" and describe technology designed to reduce processing latency in FPGAs by synchronizing internal clock signals using an external phase-locked loop. This technology is particularly valuable in high-frequency trading, where minimal processing delays, even in the nanosecond range, can provide a significant competitive advantage.
The litigation commenced on September 8, 2025, in the U.S. District Court for the Western District of Texas (WDTX), a venue historically favored by patent plaintiffs, especially NPEs. The WDTX's popularity for patent cases has been attributed to the practices of Judge Alan D. Albright, known for his experience in patent litigation, fast-paced dockets, and a stance that tends to favor plaintiffs, though the district introduced a rule in July 2022 to randomly assign patent cases among judges. A trial date has been set for June 7, 2027. This case is notable as it is part of a broader assertion campaign by HFT Solutions LLC against the high-frequency trading industry, with similar lawsuits filed against other major players like Citadel Securities LLC and Jump Trading LLC. Optiver US LLC and Optiver Trading US LLC have responded to the complaint with an answer and counterclaims of non-infringement and invalidity of the patents.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
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Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Gillam & Smith
- Marvin W. Smith · lead counsel
- Ward, Smith & Hill
- Wesley Hill · local counsel
- T. John Ward · of counsel
HFT Solutions LLC is represented by attorneys from Gillam & Smith LLP and Ward, Smith & Hill, PLLC.
Here is the identified counsel for the plaintiff:
Gillam & Smith LLP
- Marvin W. Smith (Lead Counsel)
- Firm: Gillam & Smith LLP, Tyler and Marshall, Texas.
- Note: Mr. Smith has extensive experience representing both plaintiffs and defendants in federal court patent infringement litigation throughout Texas. Gillam & Smith LLP emphasizes its familiarity with Texas courts and strong trial skills, having served as local or trial counsel in over a thousand intellectual property disputes.
Ward, Smith & Hill, PLLC (now Miller Fair Henry)
- Wesley Hill (Local Counsel)
- Firm: Ward, Smith & Hill, PLLC, Longview, Texas. (Note: Effective October 1, 2024, Johnny Ward, Wesley Hill, and Bruce Smith ended their trial practices, and the firm continued under the name Miller Fair Henry, with Mr. Hill no longer actively practicing. However, as the case was filed in September 2025, Mr. Hill may still be listed as counsel of record for previously filed cases or in an "of counsel" role).
- Note: Mr. Hill is a veteran of East Texas courts and has successfully tried numerous cases to verdict, including more than a dozen patent infringement trials. His firm is known for high-stakes intellectual property trials and has secured significant patent infringement wins.
- T. John Ward (Of Counsel)
- Firm: Ward, Smith & Hill, PLLC, Longview, Texas. (Now Of Counsel with Miller Fair Henry).
- Note: Judge Ward served as a U.S. District Judge for the Eastern District of Texas for 12 years, presiding over hundreds of patent cases and more than 150 claim construction hearings. His current practice focuses on patent and complex commercial cases, as well as mediation and arbitration.
It's important to note that a complaint analysis from September 8, 2025, also mentions Russ August & Kabat as plaintiff's counsel. However, the primary local counsel listed in many patent infringement cases in the Western District of Texas are typically firms with strong ties to the region and extensive patent litigation experience in Texas courts. Given the date of the complaint analysis, it's possible Russ August & Kabat was involved in the initial filing, and local counsel from Gillam & Smith and Ward, Smith & Hill were subsequently engaged or are more actively managing the ongoing litigation in the Western District of Texas.
Network-1 Technologies, the parent company of HFT Solutions, has a history of patent litigation and has previously utilized various legal counsel for its patent assertion campaigns.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Kirkland & Ellis
- Gregg LoCascio · lead counsel
- Adam Alper · lead counsel
- Michael De Vries · lead counsel
- Jeanne M. Gills · counsel
- Sarah Anne W. F. Wyss · counsel
- Brandon Brown · counsel
- Sharre Lotfollahi · counsel
- DLA Piper
- Jay R. Bhimani · local counsel
The defendants, Optiver US LLC and Optiver Trading US LLC, are represented by attorneys from Kirkland & Ellis LLP and DLA Piper LLP (US).
Here is a breakdown of the counsel of record:
Kirkland & Ellis LLP
- Gregg LoCascio - Lead Counsel. (Washington D.C. office)
- Mr. LoCascio is a seasoned litigator who regularly acts as lead counsel on high-stakes intellectual property disputes. Kirkland & Ellis is known for its strong track record in patent litigation across various venues, including district courts and the Federal Circuit, and has represented major technology firms like Samsung and Google in patent matters.
- Adam Alper - Lead Counsel. (Bay Area office)
- Mr. Alper focuses on competitor cases in industries such as telecommunications, computer hardware, and pharmaceuticals.
- Michael De Vries - Lead Counsel. (Los Angeles office)
- Mr. De Vries consistently achieves victories in both plaintiff and defense-side patent litigation.
- Jeanne M. Gills - Counsel. (Chicago office)
- Sarah Anne W. F. Wyss - Counsel. (Austin office)
- Brandon Brown - Counsel. (Bay Area office)
- Mr. Brown specializes in high-tech patents.
- Sharre Lotfollahi - Counsel. (Los Angeles office)
- Ms. Lotfollahi focuses on patents related to semiconductors, microprocessors, and medical devices.
DLA Piper LLP (US)
- Jay R. Bhimani - Local Counsel. (Austin office)
- DLA Piper has a proven track record in complex patent litigation and has defended clients in numerous US district court cases. The firm leverages a global platform to manage complex patent matters across jurisdictions.